05-06D Krahn

The Village of Bald Head Island
Hand Delivered on February 23, 2005
NOTICE OF VIOLATION
February 23, 2005
Wayne Krahn
Post Office Box 11074
Southport, NC 28461
RE: NOTICE OF FAILURE TO COMPLY WITH CAMA STANDARDS
Case# 05-06 D
Dear Mr. Krahn:
E 'EvE
FEB 2 4 2005
OF
COASTALIMAONAGEMENT
MAR 1 0 2005 }�
Morehead City DCM
This letter confirms that on February 2, 2005 Jennifer O'Brien, LPO and Ed Brooks, DCM were onsite at
Charlie Young's property located at Cape Creek Road, adjacent to Cape Creek, on Middle Island, in
Brunswick County, North Carolina. The purpose of the visit was to investigate unauthorized development of
the road within the Estuarine Shoreline Area of Environmental Concern (AEC). There was a subsequent
site visit conducted on February 2, 2005, between yourself and Jennifer O'Brien to discuss the immediate
sedimentation and erosion control measures needed to stabilize the area.
Based upon the North Carolina Administrative Code, Tile 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, widening of the road and expansion of parking
areas in the Estuarine Shoreline AEC, is not consistent with Subsection .0209(d)(10) which states that
'...new development shall be located a distance of 30 feet landward of normal high water...'. This
development is also inconsistent with N.C.G.S. 113A-118, which states that for any development in a
designated AEC, you must first obtain a Minor CAMA permit from the NC Department of Environment and
Natural Resources before any work commences.
Information gathered by the Local Permit Officer and DCM shows that you, as contractor for the
aforementioned project, have undertaken minor development by the expansion of the Cape Creek Road
and the Community Boat Ramp parking areas. No person may undertake minor development in a
designated Area of Environmental Concern without first obtaining a permit from the North Carolina
Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.)113A-118.
Since this is your first documented offense as a contractor in this designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(5)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
P.D. BOX 3009 BALD HEAD ISLAND, NC 28461 • [phone] • FAX [phone]

Wayne Krahn
February 2, 2005
Page 2 of 2
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. I am available to meet with you on site if you have any
questions concerning this matter.
Sincerely,
ininifer 0' 'en
Local Permit Officer
Cc: Ed Brooks, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
FEB 2 4 2005
DIVISION OF
COASTAL MANAGEMENT